Committee Minutes

MINUTES/PUBLIC SAFETY COMMITTEE
Monday, August 23, 1999 - 4:30 p.m.

Members present: Bakken, Bouley, Martinson.

1. Applications for block parties:
a) Maxine Thompson - block 1500-1700 blocks of Cottonwood and Robertson Court.
on August 26, 1999
Ms. Thompson stated block party will be heldl from approx. 6:00 to 8:30 p.m. Police and Fire reps. stated no problem with this. Moved by Martinson and Bouley to approve. Motion carried. (Comm. only)

b) Sharon Opdahl - block 600 blk. of Plain Hills Dr. on August 25 (5:30-9:00 p.m.)
Moved by Bouley and Martinson to approve pending police and fire approval. Motion carried. (Comm. only)

2. Matter of fee for Bible Baptist Church, 6367 Gateway Dr., for outside fire protection.
Fire Chief O’Neill stated he does not have figures that Church would be charged, that the assessing department is processing that information, that the fee structure is based on value of the property and assessed same amount that it would be inside city limits if it were taxed, that this is not a tax but payment for a service. He stated that Bible Baptist Church has met their needs as far as water supply and hydrants, and can do good job with protecting that property even though outside the city limits. It was noted that Bible Baptist Church has been approved for fire protection by the city council.

Chief O’Neill stated they have another application for the next meeting and wants to review that.
Fees for service will be provided on future applications for outside fire protection at time pre-sented to the committee for their review. Information only.

3. Request by Central High School to close portions of 2nd Avenue North and North 6th Street from 7:00 a.m. to 9:00 a.m. during the weeks of August 30-September 3 and September 6-10 for band practice.__________________________________________
Police and fire departments had no problems with this request. Moved by Bouley and Martinson to approve the request. Motion carried. (Comm. only)

4. Request by The Edge to close streets and hold street dance (and beer garden) in downtown area on Saturday, September 11 between hours of 5:00 p.m. and midnight
Lloyd Samson, The Edge, stated they ran several street dances last year and the year before and haven’t had any problems in the past, cleaned up litter; and only problem is construction downtown, and they will make sure sufficient roads stay open so traffic can go over the bridge. He stated no one sure which streets will be open and will be judgment call the week of the dance. Chairman Bakken stated he was concerned about congestion and street closures downtown without adding to this. Lt. Kirby stated they would block DeMers, and would be able to detour around that, and they will evaluate the number of officers needed. Mr. Samson reported they had a complaint re. noise when directed towards the Ryan and Dacotah, and they will avoid that. He stated that last year they ran dance which was sanctioned Potato Bowl event, but Potato Bowl

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Comm. doesn’t want to have the association after the Potato Bowl. Chief O’Neill stated that even though concerned about blocked streets, they allow opening for emergency.

Moved by Bouley and Martins to approve the request from 5:00 p.m. to 12:00 midnight. Motion carried.

5. Request from Sigma Chi, 2820 University Avenue, for waiver of noise ordinance for Sunday, August 29 from 7:00 p.m. to 12:00 midnight and for Friday, September 17 from 8:00 p.m. until 1:00 a.m.______________________________________________________
A.J. Helgeson, 12 3rd Street, and Blake Golden, 2820 University Avenue, stated they have two bands coming from Minneapolis on the 29th, and that this is an alcohol-free event. Moved by Bouley and Martinson to approve request from 7:00 p.m. to 11:00 p.m. on Sunday, August 29, and from 8:00 p.m. to 12:00 midnight on Friday, September 17. Motion carried. (Comm. only)\

6. Matter of clarification on regulations for towing charges.
Howard Swanson, city attorney, reported that towing charges appear in two sections of the Code; one regulates the amount charged for towing and storage when vehicles towed from privately owned property, and second regulates the amount of tow charge and storage when vehicle is towed from public property and that would include streets, alleys and other public property.

Chairman Bakken stated the committee’s intention is to change fees that pertain to city tow (for snow removal, police, city business) , and not regulate general public. He stated that they do have some responsibility to citizens if City initiating the tow and that’s why left charges in there for city tow. Mr. Swanson stated that limits had not been reviewed for significant period of time, and would be looking at introducing ordinance amending the towing charges in those instances in which vehicles are removed from public property in Section 8-0825, and repealing the provisions in Section 8-0824 which pertained to the removal and storage fees on private property; and he will draft the ordinance. He stated there would be no involvement by the police department under Section 8-0824 in ticketing, etc., circumstances most likely would arise in course of an apartment building, signed parking spots, and does occur in some businesses that have posted their business closed after certain hours, but would not affect towing in case of snow emergencies or does not affect towing in the instances of streets, alley, etc.

Mr. Shields stated as they pursue nuisances in the city with cars that have expired licenses or junk, those often are parked on private property but accessible and are towed at City direction
and asked if it was the intent to include those. Mr. Swanson stated that those tows come under a nuisance section of the Code and not under the parking section of the Code, and what the committee is intending to do is affect only those towings under the parking section and are removing caps when vehicles towed from private property at the owner’s request; caps will remain, but increased, and limitations on the amounts when a vehicle is towed at public request from public property.
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Lt. Kirby stated their only concern was that process for public tows remain the same; that they would like to see the retention of 8-0823, that they want private business owners to hav the authority to tow off private property,. He stated that the contract they’ve had in the past with Interstate Towing has expired, but being continued on an agreement basis, and they now pay $18.00 for a City initiated tow; that the cap that’s spoken to in the ordinance that Mr. Dusterhoft had concerns with only related to if a private party wanted a vehicle towed off of their private property. Mr. Swanson stated that with respect to any contractual arrangements the City has with a captive tower, was a matter of negotiation between the City and the towing company.

Mr. Swanson stated that they were empowering the property owner under this ordinance (8-0824) without risk to have that vehicle towed so that’s the involvement that the property owner’s invoking the authority of the city to individually or privately tow the vehicle; that with the ordinance on the books there’s no question the property owner has that authority and that’s only logic that might support some type of regulation of the fees and storage. Mr. Swanson stated that 0825 provides for City towing on public property and that they’d be relying upon contractual relationship with towing companies to move that vehicle and that’s why addressed the storage fees. He stated that on 8-0824 have no idea who towing company might be. Mr. Swanson stated that what has been discussed they are not looking at removing the authority to tow, only looking to remove or change the limitations in dollar amounts.

Moved by Martinson and Bouley to amend the ordinance as follows: that 8-0823 be left as is; that 8-0824 be increased from $50.00 for removal to $100.00 and that b) storage be increased from $3.00 to $10.00; and that on 8-0825 that the storage fees of $5.00 be increased to $7.50 and after seventh day, the $3.00 be increased to $5.00 per day thereafter, and that the ordinance be introduced for first reading. Motion carried.

7. Matter of consideration of bids for fire truck.
Chief O’Neill and two members of their committee that have been working on putting specs. together for the fire truck and review of bids received, made presentation and recommendation to committee - David Hoefer and Randy Fetsch presented bid comparison sheets to the committee for review, that they had 4 vendors bid 8 trucks (2 are custom and 6 are commercial pumpers with fire pumps and bodies added to them); that the department is recommending the purchase of the Heartland #1 in the amount of $193,467 less prepaid discount of $3,000 plus 6% interest, other deductions of $6,000 and addition of $2,000, for a total of $186,467 for the following reasons: delivery date; engine horsepower (330/Detroit) and make; foam system; body mount system; wheelbase; gross vehicle weight; alternator amps and warranties. Chief O’Neill stated that none of the trucks met specifications, that all vendors had some exceptions; that the committee reviewed and were satisfied with the exceptions that were necessary. He stated he wanted to address one other option that wasn’t in the bid - air conditioning in the amount of $6,300 and recommended to accept the air conditioning on this pumper because of safety issues (fogging of windows) and for the recuperative benefits it will give the firefighters, that they should be cooled down as quickly as possible in the summer months. Chairman Bakken stated that air conditioning is a high maintenance item unless installed and warrented properly. Chief
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O’Neill stated they would follow up on that.

Moved by Martinson and Bouley to accept the purchase of the fire pumper, Heartland #1, in the amount of $186, 467 plus air-conditioning in the amount of $6,300 with warranty. Motion carried.

8. Matter of grants with ND Department of Health:
a) Tobacco Prevention and Control Grant - $35,000
Don Shields, Health Department, reported grant papers had been reviewed by Mr. Swanson, that the amount is $10,000 increase over previous year and will run July 1, 1999 through June 30, 2000, and is one of their sub-departments and emphasizes tobacco prevention for youth.

b) Agricultural Occupational Health and Safety Grant - $14,245
Mr. Shield stated this is an on-going grant and extension from July 1 to September 30 for agricultural safety; and that grant won’t be extended past October 1.

Moved by Bouley and Martinson to approve the grants. Motion carried.

9. Matter of UND College of Nursing Student Learning Agreement
Mr. Shields reported th is no change of funding between City and University, represents agreement with UND Nursing School, students come in and get experience in public health environment, to home visits under supervision of UND instructors and City staff and helps hold down costs for clients in the community and helps provide services throughout the community; this agreement is on going for two year period of time until 2001. Moved by Bouley and Martinson to approve the agreement. Motion carried.

10. Consideration of bids for office furniture.
Mr. Shields reported they received one bid, reasonable bid, these are items needed as a part of the move to new County Office Building to make the existing office furniture match and reconfigures into new office building. He stated bid is from Gaffaney’s Office Products in the amount of $15,280.82 and requested approval of addendum for $900 to change quantities of 4 items; that they have contacted Gaffaney’s and will honor their discounted prices associated with those items. Moved by Bouley and Martinson to accept the bids from Gaffaney’s in the amount of $16,218.00, of which $7,300.00 is grant funded. Motion carried.

11. Budget amendment.
a) Police Department - $6,337.93
Lt. Kirby reviewed the budget amendment and that this amount is being moved from cash carryover into Local Law Enforcement Block Grant #2 to fulfill the remainder of the cash match requirement. Moved by Bouley and Martinson to approve the grant amendment. Carried.


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12. Matter of intersection of S. 34th Street and 30th Avenue South, obstruction of view for southbound traffic.________________________________________________________
Chairman Bakken reported he had been to this area, didn’t see a major problem - this was referred to Dan Jonasson, acting traffic eng., and held for 2 weeks.

13. Matter of use of south end fire hall by police department (budgetary numbers)
Lt. Kirby stated that the police department has the responsibility for a building that once was a K-9 facility and now is serves as storage and a training facility on the north end of town, that they will lose that facility because of flood protection, that they have approx. $8,050 appropriated each year for care and maintenance of that building and would like to be able to move that money to the southend fire station, ests. are $7 to $800 per month for utilities and expenses on that building, and the $8,050 would be close to that and would also look at any opportunity they might have to either apply for or apply any grant funding that they might have towards that and have the option of using some cash carryover to assist in whatever expenses they might have in that facility.

Chairman Bakken asked if they plan to replace that facility. Chief Packett stated they would envision a short and long term plan for the southend fire station, this is a short term solution to their need for the Community Services Bureau, etc. and would still have a need for a training facility, dog exercise area, classrooms, community meeting rooms, etc. if they did not have those facilities downtown; and if do have long term needs for this facility, then would have to have those same type activities occur at some location whether this one or maybe a west end location that would be co-located with the fire department eventually.

Chief Packett stated it is currently their plan now this is a backup plan for the Community Services Bureau which is located at Silverman house on South 5th, should funding not become available for the addition to the current police facility where co-locate with the Sheriff’s Office, EOC, the 911 Center, then would have to look for alternative locations for the uniformed patrol bureau and some other units that they would have to de-centralize, and would come back to public safety and the city council asking for a long term usage of that facility; the current plans are short term usage until they find a permanent home for the CSB; and can fund for short term period. Information only.

14. Request from Pi Kappa Phi fraternity for variance to noise ordinance - 8/27/99.
Kevin Roche, chapter president, 407 Cambridge Street, stated that on August 27 XL93 will be at their house to host a dance party on half lot, and they will demolish a car on the other half of the lawn (have done this for 13 years), and asked for waiver of the noise ordinance from 8:00 p.m. until 11:00 p.m. Corey Irion, chapter treasurer and chair of the event, stated that the glass from the car is removed and moveable parts are taken out, car is demolished with sledge hammers, and safety precautions happen while the car is being smashed. Lt. Kirby stated they have no problems with the request.

Moved by Martinson and Bouley to grant request for Friday, August 27 from 8:00 to 11:00 p.m.
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and on August 29 from 8:00 to 11:00 p.m.. Motion carried. (Comm. only)

15. Request from Lambda Chi fraternity for variance to noise ordinance.
Josh Hodny, 515 Harvard Street, requested variance to the noise ordinance for Saturday, August 28 and also for 27th as they had a band lined up for both nights but band for Friday double booked them and not sure if 27th or another date, and if changed would be Friday or Saturday, September 3 or 4.

Moved by Bouley and Martinson to approve request for Saturday, August 28 from 9:00 to 12:00 midnight and approve Friday, August 27 from 9:00 to 12:00 midnight but if change with the 27th to approve following Friday or Saturday from 9:00 to 12 midnight. Motion carried. (Comm.only)

The committee suggested that perhaps in the future, to run these events at 8:00 to 11:00 p.m. and keep calendar of events; fraternities get together and pick some week, otherwise have month’s worth of noise variances in that area (partly residential). Mr. Hodny stated they would prefer a one week rush but the Interfraternity Council prefers a two-week rush period.

(Note: Committee suggested keeping calendar and everyone come in at the same time frame so find out how impacting this area and perhaps limit to one week with noise variances but look at ahead of time for next year) It was suggested working out with Greek Coordinator’s Office at UND and let them be the primary coordinator of it and schedule those things out.

16. Matter of downtown parking.
Lt. Kirby stated that for the past 6-7 months dealing with problem of downtown parking because circumstances downtown are not very favorable, that they have an obligation to the business owners and to their patrons, but need to do what can for contractors, and have the issue of where public employees can or cannot park. He stated that where he is having concern is County Court House area (100 and 200 blocks of South 4th and 100 block of South 5th Street); those sections of streets still have two hour parking limitations posted, however, County employees have County stickers and there have been some agreements reached that the County employees could use the two-hour parking areas on the street with their permits; but he is concerned about having his enforcement people walk down the street and skip certain vehicles and ticket others, that he has had long discussions with County administrator, they do have concerns about the availability of parking for their employees and lack of any lot for their people to park in; that he has given some suggestions and they will work on alleviating some of that problem. He stated that there are other streets adjoining that area that have no two-hour parking limitations on them, that they are working with construction companies to move construction vehicles out of the way and about their employees. He stated that once the County Office building opens in January, the parking ramp for the County employees is not going to open for at least 3 months after that and only see a greater increase of parking concerns in that area.

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Chairman Bakken stated that public needs to have some access to both County Office building and to the Police building and in some place will have to enforce two-hour parking. Lt. Kirby stated that construction company employees parking in lot across from the Uptown and have made it very clear to them that two-hour parking applies to them so see more of them using that lot, and would hope as winter comes that whole open area on riversdide of 3rd hardens over or gravel and lot of room there to park and once County Office building opens up in January will need that space to park cars temporarily.

After further discusson Lt. Kirby stated that they would actively enforce two-hour parking in front of the County Court House and in front of the Police Building and will take to the County administration that the 100 blocks of S. 4th and S. 5th Streets will be as marked, a two-hour parking area and will be enforced regardless of any permits that the County might have, only signs that he would bag would be in the 200 block of S. 4th Street and that gives the employees another block to park. Lt. Kirby stated he’s had contact with Gary Christianson, Parking Authority. The committee agreed with Lt. Kirby’s proposal.

17. New business:
a) Mr. Shields reported the Grand Forks Human Nutrition Research Center where their new generator they’ve been running in agreement with NSP to help them out in periods of peak electrical use was in violation of the city noise ordinance during the daytime and at night as they were running it. This was the same issue that appeared before the committee in 1995 and they did do some soundproofing at that time, with the flood of 1997 they replaced their generator with a larger generator and enclosure was not able to accommodate it; and have now terminated their agreement with NSP because they can’t effectively change this enclosure for this new generator so will not be running that and wanted to bring to committee’s information so they are aware there have been citizen complaints out there and will only be running it for emergencies and not in peak power situations. Information.
b) Bouley presented matter of snowmobile route
She stated she has had a resident contact her about the snowmobile route and finds this particular area to be extremely hazardous, that the alley that the route goes through is a neighborhood where they don’t have front driveways, their access is through their alley so heavy car traffic plus snowmobiles, and question of safety.
c) Bouley presented matter of car lot, cars parking to the end of the curb and creates problem for vehicles entering intersection of 9th Avenue North and Gateway Drive at foot of Kennedy Bridge. Mr. Jonasson will look at this matter. Held.
d) Bouley reported there is a hole in fence on pedestrian bridge, kids crawling through to under bridge. Lt. Kirby reported he will bring to NRO.

It was moved by Martinson and Bouley to adjourn; meeting adjourned at 6:05 p.m.

Alice Fontaine
City Clerk
Dated 8/27/99